‘Public safety' package clears latest hurdle, offers changes but keeps lower detention age of 11
LINCOLN — A 'public safety' package on Thursday cleared a second lawmaking hurdle and retains what has been the most controversial element — lowering the minimum age at which a youth can be detained from 13 to 11.
Before Legislative Bill 530 passed on a 35-9 vote, however, lawmakers approved smaller juvenile-justice related changes to address some concerns of certain lawmakers and nonprofits, said State Sen. Carolyn Bosn, chair of the Legislature's Judiciary Committee.
Among modifications was a requirement that all temporary and alternative placement options be exhausted before a child age 11 or 12 would be detained in a facility, which critics say causes lasting trauma.
Removed as a reason a youth could be detained was 'harm to self' language. 'We didn't want to create an illusion that we were detaining youth who might be going through a mental health crisis,' said Bosn.
Also changed was the name of a new designation a court could bestow on certain youth offenders. Omaha State Sen. Ashlei Spivey had taken issue with the earlier proposed 'high-risk juvenile probationer' category, comparing it to a 'super predator' flag that would disproportionately harm youths of color. Amended language now refers to those youths as 'comprehensive supervision probationers.'
In the end, Spivey was among nine 'no' votes, joining State Sen. Terrell McKinney of North Omaha, who was unsuccessful in garnering support for additional changes. For example, he wanted to limit which law enforcement levels are to receive a monthly list of 'comprehensive supervision probationers' generated by the Office of Probation Administration.
McKinney proposed that the list be provided only to high-ranking officers, not those below the rank of captain. He said his concern was the 'rogue' law enforcement officers who can misuse such information to 'provoke' or unfairly target youths. He said that happens disproportionately in his district.
McKinney noted during Thursday's debate that a teen was dead after being shot by a Douglas County sheriff's deputy that morning. The investigation is ongoing.
'I'm trying to make sure more lives don't get lost,' McKinney said.
Bosn said that no one likely would be completely satisfied with the juvenile justice parts of the public safety package, but she called the results so far a 'showing of good will.'
Spivey said that while some parts still give her 'heartburn,' she appreciated the process to try to reach a compromise on parts opponents said were overly punitive.
Bosn, a former prosecutor, views the overall package as promoting public safety while also better re-directing juveniles who have veered into trouble.
LB 530 includes an underlying bill introduced by State Sen. Kathleen Kauth of Omaha which aims to increase fines for speeding violations and to change the law to help 'vulnerable road users.'
Segments of at least nine bills were folded into the megabill before the Legislature's Judiciary Committee moved it to the floor for full debate. Lawmakers advanced it 33-0 in the first round and now, after approval Thursday, it moves to final reading.
Other components folded into the package:
LB 6, introduced by Bosn and aimed at fentanyl poisoning, calls for enhanced penalties when the person using the controlled substance dies or sustains serious injury.
LB 44, by McKinney, allows individuals to file for post-conviction relief up until the age of 21 if the conviction occurred as a minor.
LB 124, by State Sen. Rick Holdcroft of Bellevue, would match a drunken driver's penalty for motor vehicle homicide of an unborn child to the penalty that drunken driver would get for motor vehicle homicide.
LB 395, by State Sen. Barry DeKay of Niobrara, would allow police access to a sealed juvenile record when someone applies for a concealed handgun permit.
LB 404, by State Sen. Robert Hallstrom of Syracuse, authorizes courts to extend a term of probation upon a joint application from the probation officer and the person on probation.
LB 600, by State Sen. Wendy DeBoer of Omaha, authorizes the Department of Transportation to temporarily reduce speed limits on highways under specific conditions such as adverse weather or traffic congestion.
LB 684, by State Sen. Eliot Bostar of Lincoln, was essentially gutted and replaced by a series of juvenile justice measures, including the lowering of the age at which a youth could be detained in a facility. That element, which sparked criticism from many during a public hearing, was originally part of a bill by Ralston State Sen. Merv Riepe.
Bosn said the Judiciary Committee sees the measures as ways to 'improve accountability for juveniles and transparency for law enforcement.' Spivey said the detainment measures were among the package's most concerning, and that prevention and rehabilitation services are more effective when dealing with young people whose brains are still developing.
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